Kean Miller is closely following the recent challenges to the Chevron Deference standard established by the Supreme Court in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837 (1984). As applied by federal courts for the last four decades, the Chevron Deference standard first requires that a court determine whether a statute
Louis Grossman
Artificial Intelligence in the Practice of Law
Artificial Intelligence (AI) is trending. It can be found in our cars, our smartphones, our search engines, and even in our homes.
AI is also profoundly disrupting major industries and professions. In more recent years, AI infiltrated the legal services industry and is now poised to fundamentally alter the practice of law. But AI will…
Recent Department of Labor Audits a Good Reminder to Understand the Law and Follow Best Practices
In September, the Department of Labor imposed significant fines against two Louisiana restaurants for violations of the Fair Labor Standards Act (“FLSA”). The iconic New Orleans Cajun-Creole restaurant Jacques-Imo’s paid more than $55,000 in fines for violating child labor laws under the FLSA; Superior Seafood paid out more than $230,000 in back wages and penalties.…
Fifth Circuit Provides Guidance on Removability of Mass Actions under CAFA
On January 9, 2018, a split panel of the United States Fifth Circuit Court of Appeals affirmed an order from the district court, denying a motion to remand a matter removed under the Class Action Fairness Act (“CAFA”). The 2-1 decision In Warren Lester, et. al. v. Exxon Mobil Corp., et. al., No. 14-31383,…
Louisiana Supreme Court Expands Judicial Limitations on Landowner Tort Claims
The Subsequent Purchaser Doctrine is a judicially created limitation on the rights of a current landowner to sue for pre-acquisition damages. For over 160 years, Louisiana courts have held that a current landowner has no right of action to sue for damages to his/her property occurring prior to the date of sale in the absence…
Louisiana Second Circuit Court of Appeals Upholds Application of Subsequent Purchaser Doctrine in Oilfield Legacy Case
In a recent decision, the Louisiana Second Circuit Court of Appeals upheld the application of the longstanding subsequent purchaser doctrine to an oilfield legacy case. The decision Wagoner v. Chevron U.S.A. Inc., et. al., No. 10-45507 (La. 2. Cir. 2010) affirmed the legal principle that the right to recover for property damages is a personal…